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This document sets forth the principles, guidelines and requirements of
the Acceptable Use Policy of CARIBBEANHOSTER INC.. ("Company") governing the
use by the Customer ("Customer") of the Company's hosting services and products
("Services and Products"). The Purpose of the CARIBBEANHOSTER INC.'s Acceptable
Use Policy, hereinafter referred to as the AUP, is to comply with all federal,
state, and local laws coupled with protecting the network security, network
availability, physical security, Customer privacy, and other factors affecting
the services provided by CARIBBEANHOSTER INC.. CARIBBEANHOSTER INC. reserves
the right to impose reasonable rules and regulations regarding the use of its
services provided to all Customers and such rules and regulations are subject
to change. Such rules and regulations are located on the Internet at
http://www.caribbeanhoster.com/AUP.aspx. The AUP is not an all inclusive
exhaustive list and CARIBBEANHOSTER INC. reserves the right to modify the AUPs
at any time as needed, effective upon either the posting of the modified AUPs
to http://www.caribbeanhoster.com/AUP.aspx or notification to the Customer via
email. Acceptance and execution of the Master Services Agreement binds all
parties to CARIBBEANHOSTER INC. stated AUP at the time the contract is executed
and as modified from time to time. Any violation of the AUPs may result in the
suspension or termination of your account or such other action as
CARIBBEANHOSTER INC. deems appropriate. No credits will be issued for any
interruption in service resulting from policy violations.
VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT
IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM
CARIBBEANHOSTER INC..
Any questions or comments regarding the AUP should be directed to
legal@caribbeanhoster.com.
Customer shall not post, transmit, retransmit or store material on or
through any of Services or Products which, in the sole judgment of the Company
(i) is in violation of any local, state, federal or non-United States law or
regulation, (ii) threatening, obscene, indecent, defamatory or that otherwise
could adversely affect any individual, group or entity (collectively,
"Persons") or (iii) violates the rights of any person, including rights
protected by copyright, trade secret, patent or other intellectual property or
similar laws or regulations including, but not limited to, the installation or
distribution of "pirated" or other software products that are not appropriately
licensed for use by Customer. Customer shall be responsible for determining
what laws or regulations are applicable to its use of the Services and
Products.
Each Customer must use reasonable care in keeping each server or network
devices attached to CARIBBEANHOSTER INC. infrastructure up-to-date and patched
with the latest security updates. Failure to use reasonable care to protect
your server may result in a security compromise by outside sources.
CARIBBEANHOSTER INC. is not responsible for Customer server level security
unless a security administration package, firewall security administration
package or fully managed operating system package is contracted for. A
compromised server creating network interference will result in immediate
Customer notification and will be disconnected from the network immediately so
as to not directly affect other Customers. No service credits will be issued
for outages resulting from disconnection due directly to breached server
security. The Customer is solely responsible for any breaches of security
affecting servers under Customer control. If a Customer intentionally creates a
security breach, the cost to resolve any damage to Customer's server or other
servers will be charged directly to the Customer. The labor used to resolve
such damage is categorized as emergency security breach recovery and is
currently charged at $295 USD per hour.
Violations of system or network security are strictly prohibited, and may
result in criminal and civil liability. CARIBBEANHOSTER INC. investigates all
incidents involving such violations and will cooperate with law enforcement if
a criminal violation is suspected.
Examples of system or network security violations include, without
limitation, the following:
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Introduction of malicious programs into the network or server (example:
viruses, worms, Trojan Horses and other executables intended to inflict harm).
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Effecting security breaches or disruptions of Internet communication and/or
connectivity. Security breaches include, but are not limited to, accessing data
of which the Customer is not an intended recipient or logging into a server or
account that the Customer is not expressly authorized to access. For purposes
of this section, "disruption" includes, but is not limited to port scans, flood
pings, email-bombing, packet spoofing, IP spoofing and forged routing
information.
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Executing any form of network activity that will intercept data not intended
for the Customer's server.
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Circumventing user authentication or security of any host, network or account.
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Interfering with or denying service to any user other than the Customer's host
(example: denial of service attack or distributed denial of service attack).
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Using any program script/command, or sending messages of any kind, designed to
interfere with or to disable, a user's terminal session, via any means, locally
or via the Internet.
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Failing to comply with the Company's procedure relating to the activities of
Customers on the Company's premises. Violators of the policy are responsible,
without limitations, for the cost of labor to correct all damage done to the
operation of the network and business operations supported by the network. Such
labor is categorized as emergency security breach recovery and is currently
charged at $295 USD per hour required. Network interference by any Customers
that may cause or is currently causing network interference with another
Customer will be disconnected immediately. No service credits will be issued to
Customers disconnected for network violations.
Each Customer is expected execute reasonable Internet etiquette
(Netiquette). The Customer will comply with the rules appropriate to any
network to which CARIBBEANHOSTER INC. may provide access. The Customer should
not post, transmit, or permit Internet access to information the Customer
desires to keep confidential. The Customer is not permitted to post any
material that is illegal, libelous, and tortuous, indecently depicts children
or is likely to result in retaliation against CARIBBEANHOSTER INC. by offended
users. CARIBBEANHOSTER INC. reserves the right to refuse or terminate service
at any time for violation of this section. This includes advertising services
or sites via IRC or USENET in clear violation of the policies of the IRC
channel or USENET group.
CARIBBEANHOSTER INC. will cooperate fully with any criminal investigation
into a Customer's violation of the Child Protection Act of 1984 concerning
child pornography. Customers are ultimately responsible for the actions of
their clients over CARIBBEANHOSTER INC. network, and will be liable for illegal
material posted by their clients.
According to the Child Protection Act, child pornography includes
photographs, films, video or any other type of visual presentation that shows a
person who is or is depicted as being under the age of eighteen years and is
engaged in or is depicted as engaged in explicit sexual activity, or the
dominant characteristic of which is the depiction, for a sexual purpose, of a
sexual organ or the anal region of a person under the age of eighteen years or
any written material or visual representation that advocates or counsels sexual
activity with a person under the age of eighteen years.
Violations of the Child Protection Act may be reported to the U.S. Customs
Agency at 1-800-BEALERT
Mass Mailings. CARIBBEANHOSTER INC. has a zero stance policy on SPAM, Junk
E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same,
or substantially similar, unsolicited electronic mail messages, whether
commercial or not, to more than one recipient. A message is considered
unsolicited if it is posted in violation of a newsgroup charter or if it is
sent to a recipient who has not requested or invited the message. UCE also
includes e-mail with forged headers, compromised mail server relays, and false
contact information. This prohibition extends to the sending of unsolicited
mass mailings from another service, which in any way implicates the use of
CARIBBEANHOSTER INC. whether or not the message actually originated from our
network.
Mailing Lists: CARIBBEANHOSTER INC.'s mass mailing rules also apply to
mailing lists, list servs, or mailing services you may contract with. The
policy is stated as follows: An acceptable mailing list will be focused at a
targeted audience that has voluntarily signed up for your e-mail information or
that has made their e-mail address available for distribution of information
from you. The list must also allow for automatic removal by all end Customers
with non-distribution in the future.
If your actions have caused CARIBBEANHOSTER INC. mail servers or
CARIBBEANHOSTER INC. IP address ranges to be placed on blackhole lists and
other mail filtering software systems used by companies on the internet, you
will be assessed a $500 charge to your account and $250 per hour for
administrative charges incurred to remove and protect mail servers and IP
ranges.
Violation of the above terms will result in one or all of the following:
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A warning from via email or phone.
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Removal of DNS for the advertised / originating site.
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Temporary shutdown of the server or a block on outgoing mail.
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IP address routing to null.
Repeat violation of the above terms will result in the following actions.
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Immediate disconnection of service with no re-activation.
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$500 fee assessed to your account for violation.
CARIBBEANHOSTER INC.'s server infrastructure including network, leased hardware
and other hardware under direct management by the Company may only be used for
lawful purposes. Transmission, distribution, or storage of any information,
data or material in violation of United States or state regulation or law, or
by the common law, is prohibited. This includes, but is not limited to,
material protected by copyright, trademark, trade secret, or other intellectual
property rights.
Creative, utilizing, or distributing unauthorized copies of software are a
violation of federal and state law. If you copy, distribute or install the
software in ways that the license does not allow, you are violating federal
copyright law. CARIBBEANHOSTER INC. will cooperate with all law enforcement
agencies in relation to alleged copyright infringement housed on our
datacenters.
Please see Copyright Infringement Reporting for procedures on disclosing alleged
copyright infringement.
CARIBBEANHOSTER INC. administers an Internet network on which multiple Customer
servers reside. Customers shall NOT use IP addresses that were not assigned to
them by CARIBBEANHOSTER INC. NOC staff or network administrators. Any server
utilizing IP addresses outside of the assigned range will be suspended from
network access until such time as the IP addresses overlap can be corrected.
Use of an unauthorized IP address will result in a charge of $25 per IP. Use of
an unauthorized IP address creating a third party Customer outage will result
in a $500 charge and termination of service until the IP allocation is
resolved.
IRC Servers are not allowed.
CARIBBEANHOSTER INC. reserves the right to suspend service to any Customer
located on our servers for violation of the AUP. CARIBBEANHOSTER INC. will use
reasonable care in notifying the Customer and in resolving the problem in a
method resulting in the least amount of service interference as reasonably
possible. CARIBBEANHOSTER INC. reserves the right to terminate service without
notice for continued and repeated violations of the AUP. Continued violations
of the AUP resulting in cancellation of services will also result in a fee in
the amount of $500 and contract acceleration for all amounts outstanding under
the contract term.
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